Lokpal and Important Commissions (Part-II)

According to Section 22 of the Protection of Human Rights Act, 1993, the Chairperson and Members shall be appointed by the Governor after obtaining the recommendation of a Committee consisting of (a) the Chief Minister " chairperson; (b) Speaker of the Legislative Assembly- member, (c) Minister in-charge of the Department of Home in that State" " member; (d) Leader of the Opposition in the Legislative Assembly-member: and where there is a Legislative Council in a State, the Chairman of that Council and the Leader of the Opposition in that Council shall also be members of the Committee.

The Protection of Human Rights Act 1993 provides for the creation of the State Human Rights Commission at the State level.

Currently 25 states have constituted the State Human Rights Commissions through official Gazette notifications.

The Chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the Chief Minister as its head, the speaker of the Legislative Assembly, the states Home Minister and the leader of opposition.

In case of a state having Legislative Council the Chairman of the council and the leader of the opposition in the council would also be a member of the committee.

A Sitting Judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.

The Governor can appoint one of the members of the State Commission as an acting chairman in the following two cases-

(a) When the office of the Chairman falls vacant

(b) When the chairman is unable to perform his functions due to absence or some other reason.

The functions of the National Human Rights Commission have been given in section 12 of the Protection of Human Rights Act, 1993. The functions of the Commission include undertaking and promoting research in the field of human rights. The Commission also encourages the efforts of non- governmental organisations and institutions working in the field of human rights. Hence both the statements are correct but statement II does not explain the statement I.

All the above options are the functions of the Human Rights Commission except to punish for the violation of Human Rights.

The State Human Rights Commission submits its annual report to the State Government. The reports are laid before the State Legislature, along with a memorandum of action taken on the recommendations of the Commission and the reason for non-acceptance of any of such recommendations.

Every member of the Commission, State Commission and every officer appointed or authorised by the Commission or State Commission to exercise functions under the Protection of Human Rights Act is to be deemed a Public Servant. It is as per the legal definition of Public Servant (Section 21 of IPC)

Under section 31 in the protection of Human Rights Act, 1993, a Special Public Prosecutor for every Human Rights court, the State government shall, by notification, specify a public prosecutor or appoint an advocate who has been in practice as an advocate for not less than 7 years, as a special Public Prosecutor for the purpose of conducting cases in that court.

The National Human Rights Commission (NHRC) is a Statutory body. It was established in 1993 under a legislation enacted by the Parliament.

The Commission's headquarter is at Delhi and it can also establish offices at other places in India.

It is vested with the power to regulate its own procedure.

It has all the powers of civil court and its proceedings have a judicial character

The commission has limited role powers and jurisdiction with respect to violation of Human rights by the members of the armed forces. In this sphere the commission may seek a report from the central Government and make its recom- mendations.